The biggest differences between slip-and-fall accidents and trip-and-fall accidents are the cause and direction of the falls. Slip and fall victims typically fall backwards when they encounter a slippery surface and lose their footing. However, when people trip over an object, they tend to fall forward.
Either kind of fall can cause serious injuries that lead to chronic pain, psychological trauma, and financial stress. When a property owner’s failure to keep their property safe causes a visitor’s injury, the fall victim may have a right to demand fair compensation for medical expenses and other losses. However, before pursuing a fall claim, you will want to consult a knowledgeable NYC slip-and-fall accident lawyer to discuss what kind of premises liability claim you may have and what you can do to strengthen your claim.
What Are Some Common Causes of NYC Slip and Fall Accidents?
New York City has over 8 million residents and streams of tourists who traverse its sidewalks, buildings, shops, and parks every day. As a result, slip-and-fall and trip-and-fall accidents are prevalent in the city. They happen for a wide range of reasons. Some of the most common causes include:
- Wet or slippery floors
- Icy sidewalks
- Poor lighting
- Poor maintenance
- Weather conditions
- Failure to post warning signs
- Buckled sidewalks and potholes.
One wrong step on a slick surface can result in life-altering injuries. Whether a freshly washed floor with no warning sign caused the injuries or an icy parking lot, the property owner or manager may be held responsible.
What Are Some Examples of Slip and Fall Accident Injuries?
Slip and fall accidents happen unexpectedly. The victim may have very little time to brace for the impact. Some of the most common injuries include:
- Soft tissue injuries
- Fracture and broken bones
- Neck, back, and spinal cord injuries
- Concussions
- Traumatic brain injuries (TBI).
Slip and fall injuries can affect your daily life and cause financial distress. A slip and fall accident attorney can help you calculate your medical bills, lost income, and other losses and determine how much compensation to seek in a claim.
What Causes Trip-and-Fall Accidents?
While slip and fall accidents are generally caused by slick surfaces, trip and fall accidents usually result from cluttered or poorly maintained walkways. Some common causes of trip and fall accidents include:
- Uneven sidewalks
- Broken flooring
- Debris or clutter
- Broken stairs
- Exposed cables
- Poor lighting.
When walkways are obstructed or hazards aren’t marked with warning signs, any accidents that result may provide grounds for a premises liability claim.
What Are Some Examples of NYC Trip and Fall Accident Injuries?
Trip and fall accidents generally involve falling forward with significant momentum. That can result in a variety of serious injuries. Some of the most common trip-and-fall injuries include:
- Facial injuries
- Hand and wrist fractures
- Knee injuries
- Shoulder injuries
- Head injuries.
Facial injuries from trip and fall accidents are common. They may involve dental damage, broken noses, eye injuries, or facial scarring. These injuries don’t have to cause permanent disability to have a tremendous impact on your daily life. A premises liability lawyer can help you file a trip-and-fall accident claim and demand a fair settlement.
What Types of Damages Can You Recover in a NYC Slip or Trip and Fall Case?
The purpose of a slip-and-fall accident lawsuit is to seek compensation for the economic losses the accident has caused, as well as the physical pain and emotional trauma you have endured. Slip-and-fall attorneys will review the circumstances surrounding the accident and typically pursue the following forms of compensation on your behalf:
- Medical expenses — The medical treatment costs of a slip and fall accident can leave you with medical debt. Depending on the nature of the injuries, you may need ongoing medical treatment. In a slip-and-fall accident lawsuit, you may seek compensation for ambulance services, hospital visits, surgeries, doctor’s appointments, medical devices, prescription medications, physical therapy and rehabilitation, and future medical costs associated with your injuries.
- Lost wages — You may be unable to work for some time after a fall injury, or your injuries may have diminished your capacity to earn a living. What if you were injured on someone else’s property due to the property owner’s negligence? In that case, you may demand compensation for your lost wages, including hourly wages, salary, commissions, missed raises or promotions, sick days, vacation time, medical benefits, and future lost wages.
- Pain and suffering — The most significant toll your injuries have taken on your life may well be something you can’t quantify with a collection of invoices and receipts. The physical pain and mental anguish caused by the accident can impact your everyday activities, your personal relationships, and your ability to enjoy life. Pain and suffering compensation seeks to account for those losses.
- Emotional distress — Emotional distress is the psychological aspect of pain and suffering. It is often a significant component of compensation for slip and fall accidents. Many people who suffer serious injuries experience anxiety, depression, or post-traumatic stress disorder (PTSD) symptoms. Emotional distress compensation aims to address these consequences.
What Is Needed to Prove Who Is Liable for Your Slip/Trip and Fall Injuries?
Pursuing a trip or slip and fall accident claim requires you to prove that the property owner’s negligence caused your injuries. The fall lawyer who handles your slip and fall case will need evidence to build a persuasive claim. The types of evidence that our legal team at David Resnick & Associates gathers include:
- Incident reports — If the property owner or manager had to fill out an incident report, it may serve as official documentation with key details about the accident. For this reason, you should promptly report any accident.
- Photos and videos of the scene — Pictures and videos of the accident scene can provide visual evidence of how the accident occurred and show the responsible party’s negligence.
- Witness testimony — If a third party witnessed the accident, the witness may have crucial details that can serve as credible evidence of the property owner’s or manager’s responsibility.
- Surveillance footage — Security camera footage can provide a clear view of what happened before, during, and after the accident. In some cases, surveillance footage may show how long the hazard or unsafe condition was present and unaddressed before the accident occurred.
- Maintenance records — Inspections or maintenance logs can prove that the property owner was aware of the hazard that caused the accident, but they did not take adequate steps to remove the hazard or warn visitors.
- Expert testimony — In some instances, expert witnesses can testify and explain whether the building met New York City building standards and safety codes.
What Should You Do After a NYC Slip and Fall or Trip and Fall Accident?
Your actions in the days and weeks following the accident can make a big difference in the outcome of your case. Once you’ve sought medical attention, you should:
- Report the incident — You should immediately report the incident to the property owner or manager. Request a copy of the report for your records.
- Contact a lawyer — An experienced New York City slip and fall attorney can offer legal guidance and handle all communications with insurance companies. Speak with an attorney before filing a slip-and-fall accident claim or speaking with any insurance companies.
- Gather evidence — Take photos and videos of the accident scene. Keep medical records and financial documents. Also, collect witnesses’ contact information.
- Be careful when speaking with insurance adjusters — Insurance companies will attempt to minimize any claim settlement. A lawyer standing up for you can prevent an insurer from pressuring you to accept a low offer.
How Long Do You Have to File a Slip/Trip and Fall Accident Lawsuit in NYC?
You have limited time to file a slip-and-fall accident lawsuit. The New York statute of limitations on personal injury lawsuits is three years from the injury date.
If the responsible party is a government entity such as the Metro Transit Authority or the New York City Housing Authority, you must comply with additional filing requirements. You must file a Notice of Claim within 90 days, and you only have one year and 90 days from the accident date to file a lawsuit.
The legal process takes time. You should contact an experienced slip-and-fall lawyer if you believe you have a valid claim to discuss the appropriate steps.
Contact a New York Slip and Fall Accident Lawyer
If you’ve suffered injuries in a trip or slip and fall accident in New York, you need an experienced personal injury attorney to advocate for you. David Resnick & Associates, P.C., has represented clients throughout New York City and Long Island for over 25 years. In that time, we have recovered over $180 million in verdicts and settlements on behalf of our clients. We have the experience that you need to move forward. To learn more, contact us today and receive a free consultation.
